Notice u/s 138 of negotiable instrument act

SAMIR SHAH (Querist) 21 February 2012 This query is : Resolved
WHAT IS TO BE DONE IF NOTICE U/S 138 OF NEGOTIBLE INSTRUMENT ACT IS NOT ACCEPTED BY THE DRAWER OF THE CHEQUE. PLEASE DO GUIDE ME URGENTLY

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Kiran Kumar (Expert) 21 February 2012
go ahead with the complaint, the notice if refused will be deemed to have been accepted.

malipeddi jaggarao (Expert) 22 February 2012
Keep the proof of non-acceptance and go ahead.

V R SHROFF (Expert) 22 February 2012
It is duly served, as per law.

DEFENSE ADVOCATE.-firmaction@g (Expert) 22 February 2012
Non acceptance is supposed to be deemed service any other remark is not valid service, more ever you have to give affidavit with evidence that the notice was sent to the proper address.

Otherwise at tail end you may loose, there are no of SC citations on such situations.

Shailesh Kr. Shah (Expert) 26 February 2012
No need to worry, file case within time stating that notice is duly served and refuse to receive.

DEFENSE ADVOCATE.-firmaction@g (Expert) 26 February 2012
The section provided for two requirements 138 ( b) says giving of notice. Here are also the complainant has to prove that notice sent was at the correct address of the accused , mere statement is not sufficient.

Another important provisions is in section 138 ( c) that the accused has t0 act after RECEIPT of the notice.

When law provided for two different requirements both has to be complied before the accused is made liable.

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